Does a written agreement override a will?
I am getting a percentage of a property and I don't trust the person. So I would like to know if this will help me in court.
Will this part of an agreement stand in court if the person agrees and signs the agreement part below? Or is there a better way of putting it so that is stands in court.
It goes this way:
This agreement overrides any future changes of this agreement whether it is a Will, Trust or any written or verbal agreement made by me.
It is for a molestation that occured many years ago. This agreement is more for pain and surrering that the person is awarding me, but wants to keep it a private issue. What is the best thing to do?
- ?Lv 61 decade agoFavorite Answer
No, that would never stand up. Any contract or agreement can be modified later. If you have a contract, it keeps in effect until you both agree to change it, even if the will disagrees with it. If he just says he's going to leave some property to you when he dies, there is nothing to bind him to this. He can change the will whenever he wants.
- open4oneLv 71 decade ago
I think you need a lawyer.
The answer changes based on a number of things. Is this REAL property, personal, or an interest in a corporation?
Is the "agreement" contingent on you doing something else? The answer would change whether you're talking "contract" or "conveyance."
How much time passes between him "violating" the agreement by writing a Will you never see and him dying leaving it to someone else?
Is anything recorded? Witnessed? Attested?
I'm not sure what you're trying to do, but I'm pretty sure you're about to screw it up. Spend a hundred bucks and talk to a lawyer about it. If it isn't worth that to you, why bother even writing this question?
*** You need a lawyer more than I thought. If he dies and winds up having reneged on the deal, and you try to enforce it in court, you're suddenly going to find out about your state's statute on "extortion."
- whatever_nooneLv 41 decade ago
Any written agreement CAN be changed in the future. It is impossible to have such a thing as an unchangeable agreement.
- Dana BLv 61 decade ago
It is possible for two people to make a contract about what one or both of them will or won't do with their will, and for that contract to be enforceable. However, for it to be enforceable, it has to be more than a onesided promise from one person to the other that "I won't change my will"; there has to be a two-way exchange, each party to the contract giving up something and each party getting something in return. But if the person is deeding you the interest in the property right now, then you won't have to worry about what they do with their will later.
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- Michael CLv 71 decade ago
Signing a statement that says he will never change his mind about who to give his property to in a will... I don't think that will ever stand up in court.
- Michael HLv 71 decade ago
Contact an attorney.
Wihtout the proper knowledge, don't try to write a contract your self, a first year law student could take it apart in court.Source(s): Then consider taking ownership of the percentage of the property now, on the deed, legally instead of waiting, or take a cash option and let the property go. There is no way an agreement under those circumstances will hold up, the first thing that comes to mind is on his/her part, it was signed under duress. 'Sign or I file a police report.' Even if you didn't intend for it to be as such, I can assure you, when push comes to shove, that's the first thing that will come out. If it goes until they die, I can PROMISE you that people get absolutely nasty when it comes to someone encroaching on their inheiritance. His family or his heirs will be after you with fangs showing.
- 1 decade ago
If he signs it in front of his lawyers, and your lawyers, and has a witness there, then possibly. But chances are if it is not written in the will, nothing will come of it.
Look at the Jacko story of the moment...because he had it written in the will, his mother got custody; not the childrens' own mother!